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13 April 2007 / Louis Flannery KC
Issue: 7268 / Categories: Features , Procedure & practice , Profession , Arbitration
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Arbitration rules

Louis Flannery reviews two important appellate decisions showing judicial support for arbitration

In Fiona Trust and Holding Corp v Privalov [2007] EWCA Civ 20, [2007] All ER (D) 169 (Jan), the Court of Appeal looked at the concept of separability of arbitration clauses in contracts. It grappled with problems that arise where a party to a contract containing an arbitration clause allegedly tainted by illegality seeks to challenge the jurisdiction of the arbitrator to consider any claims under the contract.

In West Tankers Inc v AS Riunione Adriatica di Sicurta SpA, The Front Comor [2007] UKHL 4, [2007] All ER (D) 249 (Feb), the House of Lords referred to the European Court of Justice (ECJ) the question of whether or not anti-suit injunctions are still available to restrain court proceedings brought in breach of an arbitration clause following two recent ECJ decisions that might suggest otherwise.

Fiona Trust: the facts

The contracts in Fiona Trust and Holding Corpn v Privalov [2006] EWHC 2583 (Comm), [2007] 1 All ER (Comm) 81, were time charterparties. It was alleged by the shipowner claimants that the

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
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